A “Transparency Lighthouse” for Arbitration in Peru
…on the 2006 version of the UNCITRAL Model Law, governs both domestic and international arbitrations and is viewed as a modern arbitration law in the region. In addition, domestic law2)Peruvian…
Search Results for: UNCITRAL reform
Arbitration in South Africa Receives Another Boost
…The IAA entrenches this approach. Being based on the UNCITRAL Model Law, it provides a familiar framework for administering an arbitration, clarity of process and procedure, and certainty that foreign…
Arbitration institution, Arbitration Institutions and Rules, Early Determination, Efficiency, Enforceability, LCIA Arbitration, LCIA Rules, Virtual hearings
The LCIA Publishes its 2020 Rules: A Light-Touch Update to Meet Modern Needs
…powers) and the best practices of the LCIA itself. The reform of the 2020 Rules should thus help the LCIA maintain its leading global position in resolving international commercial disputes….
Mainland China-Hong Kong Interim Measures Arrangement One Year On: Crossing the River by Feeling the Stones
…jurisdiction, and/or (2) itself issue interim measures over an arbitration commenced in a foreign jurisdiction. In Hong Kong, where the arbitration law has largely adopted the UNCITRAL Model Law, both…
Arbitration Reform in China: Keeping up with the Beijing Fourth Intermediate People’s Court
…Kun Fan of UNSW Law in his article, “Supreme Courts and Arbitration: China“.2)See also, Jingzhou Tao and Mariana Zhong, “China’s 2017 Reform of its Arbitration-Related Court Review Mechanism with a…
Institutional Rules, KCAB, Online Arbitration, Online Dispute Resolution, Seat of the arbitration, Virtual hearings
The Issue of the Seat of Arbitration in ODR Arbitration
…higher demand for virtual proceedings. UNCITRAL Technical Notes on Online Dispute Resolution defines ODR as “a mechanism for resolving disputes through the use of electronic communications and other information and…
Code of Conduct, Expedited arbitration, International arbitration, ISDS Reform, Reform, UNCITRAL, UNCITRAL Arbitration Rules, Working Group II, Working Group III
Arbitration Reform Efforts Continue Despite Pandemic
…UNCITRAL Working Groups II and III. Although the pandemic has indeed forced certain meetings to be postponed, reform efforts continue largely unimpeded. Expedited commercial arbitration Working Group II, with…
Tonga Accedes to the New York Convention
…or international arbitration, except for arbitration in respect of certain investment disputes.3)ADB, “Promotion of International Arbitration Reform for Better Investment Climate in the South Pacific” (November 2016) at [5]; ADB,…
Arbitral Tribunal, Arbitrator's decision-making, State, Treaty Amendment, Treaty Interpretation, Tribunal duties, VCLT
States’ Right to Interpret a Treaty and Whether It Should Be Binding in a Pending Case
…The movement to reform the current ISDS regime led to the UNCITRAL Working Group III discussion (“WG III discussion”), which has been addressed in this blog multiple times. The WG…
Revisiting India’s Position to Not Join the ICSID Convention
The relationship between developing countries and the International Centre for Settlement of Investment Disputes (ICSID) has not been smooth, to say the least. Several developing countries such as Bolivia, Venezuela…
Colombia’s Council of State Defines the Contours of Arbitral Tribunals’ Procedural Discretion in a Recent Annulment Decision
…Articles V(1)(d) of the NYC and 34(2)(iv) of UNCITRAL Model Law. However, the Court’s analysis on the standard required under the NYC and the UNCITRAL Model Law is unclear. The…
Arbitration, ECT Modernisation, Energy Charter Treaty, EU Law, European Union, Investment Arbitration, Reform
ECT Modernisation Perspectives: The Energy Charter Treaty and EU Law – A Cherry-Picking Relationship?
…the EU’s work in the ongoing multilateral reform process in the United Nations Commission on International Trade Law (UNCITRAL). It also said that any amendments to the ECT do not…
ECT Modernisation Perspectives: Quantum Indetermination in the Current ECT Framework – A Need to Revamp Damages Provisions in the Pursuit of Full Reparation
…cases. To this end, the ECT contracting parties have proposed to reform damages in the context of the ECT modernization process. For instance, Turkey has suggested an additional protocol to…
Developing an Archetypal ISDS Arbitrator: Unicorn or Rhinoceros
…the potential to memorialize a uniform set of ethical expectations for ISDS generally.” UNCITRAL’s Working Group III on ISDS Reform addressed the drafting of the code in its thirty-fifth, thirty-seventh,…
ECT Modernisation, Energy Charter Treaty, Fair and Equitable Treatment, International arbitration, Investment Arbitration
ECT Modernisation Perspectives: Reforming the Fair and Equitable Treatment Protection
…arbitral awards. The main reasons for FET reform seem to be a lack of clarity and a possibility of a “regulatory chill”. Adding fuel to the overall reform debate is…
AFSA Launches New International Arbitration Rules for Public Comment
…AFSA’s international case load, which more than doubled since the enactment of South Africa’s International Arbitration Act (“IAA”) based on the UNCITRAL Model Law in late 2017. In order to…
ECT Modernisation Perspectives: ECT Modernisation and the Denial of Benefits Clause: Where the Practice Meets the Law
…a dynamic interpretation approach. Third, in the context of the ISDS reform, mainly conducted under the auspices of the UNCITRAL Working Group III, the ECT cannot remain in isolation and…
Arbitration, Arbitration Institutions and Rules, ECT Modernisation, International arbitration, Investment Arbitration, ISDS, ISDS Reform, Reform
ECT Modernisation Perspectives: An Introduction
…reform discussions, including those in the UNCITRAL, ICSID and OECD contexts. The EU, for instance, has referred to ongoing multilateral initiatives for reform of investor-State dispute settlement processes, including its…
Rethinking Virtual Hearings
…videoconferencing (see, e.g., UNCITRAL Model Law, Art. 24). Meanwhile, the standard practice as envisaged in the rules of major arbitral institutions provides for broad discretionary powers of arbitral tribunals to…
Arbitration Institutions and Rules, Asia, China, Hong Kong, India, Intellectual Property, Paris Arbitration Week, Set aside an arbitral award, Singapore, South Korea, Webinar
Paris Arbitration Week Recap: Recent Developments and Key Arbitration Trends in Asia
…Law and the Law Reform Committee of the Singapore Academy of Law also actively consider reforms to arbitration law. A noteworthy proposal under consideration is to introduce to the International…
Arbitrability, Arbitral seat, Arbitration Award, Arbitration clause, Arbitration institution, Arbitration Institutions and Rules, Enforcement, Paris Arbitration Week, Seat of the arbitration, Virtual hearings, Webinar
Paris Arbitration Week Recap: Do and Don’t’s When Choosing a Seat and Enforcing in CEE/CIS/Russia: State of Play
…disputes. By contrast, the 2016 Arbitration reform brought some clarity in Russia: since 1 February 2017, all “corporate disputes” (i) must be administered by accredited “Permanent Arbitration Institutions” only, (ii)…
Climate change, ICC Arbitration, ICC Note to Parties and Arbitral Tribunals, Paris Arbitration Week, Virtual hearings, Webinar
Paris Arbitration Week Recap: Sailing the Winds of Change at the 4th ICC European Conference on International Arbitration
…they may be. He questions which interest should prevail, and whether protecting the environment is simply a matter of national law. EU member states may need to consider treaty reform,…
Arbitral Award, Arbitral seat, Arbitral Tribunal, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings
Virtual Hearings to the Rescue: Let’s Pause for the Seat?
…arbitrations. However, there seems to be hope for delocalized arbitration in England as the English Arbitration Act 1996 is based on UNCITRAL Model Law, which in fact provides for the…
Enforcement of an award that was set aside, France, New York Convention, Public Policy, Set aside an international arbitral award
The Drawbacks of Two Arbitral Awards: How Can We Avoid Another ‘Putrabali’ Controversy?
An award set-side underlines that it has been annulled in the jurisdiction in which it has been rendered. The grounds for setting aside an award are provided by the UNCITRAL…